DA to take up Madonsela matter urgently

2011-07-06 17:51

Johannesburg - The opposition Democratic Alliance says that it has noted with "extreme concern" the reports that the SA Police Service (SAPS) is on the point of arresting the Public Protector, Advocate Thuli Madonsela, for crimes that are unclear, but apparently relate to her tenure as a member of the SA Law Reform Commission.

The party added on Wednesday that it would be taking up the matter urgently with the chairperson of the justice portfolio committee when it attended the Chief Justice's access to justice conference in Johannesburg on Friday.

This allegation was of particular concern, according to the DA, when seen in the light of the fact that Madonsela was appointed by the president in October 2009, after a selection process in Parliament wherein she received the full support of all parties.

"No allegations were made at that time of any wrongdoing," the DA said.

It added that the police investigation reportedly commenced in February this year, at around the time the public protector released her first report into the SAPS lease in Pretoria, in which she found the actions of Commissioner Bheki Cele to be unlawful, and also found fault with the actions of the Department of Public Works.

Furthermore, Madonsela was "on the verge of releasing her second report into the SAPS lease in Durban", which was by all accounts more damning than the first report.

The DA said that, days after the story broke, there were allegations of impropriety regarding the Pretoria lease, and one of the journalists responsible for writing the story was arrested by police on charges that were later thrown out of court.

"In addition, The Sunday Times last week made public the fact that both Mzilikazi wa Afrika and Stephan Hofstatter [who wrote the first expose on lease deals involving Cele] had been advised that their movements and communications were under surveillance."

Pattern of intimidation

In early March, shortly after the release of the first report, two SAPS members paid a "visit" to the offices of the Public Protector, requesting information that they reportedly already had in their possession.

The DA said that the Public Protector herself, when appearing before the Justice Portfolio Committee shortly thereafter, advised that her staff had been unsettled by this action.

"However, the police officers have since been cleared of any wrongdoing, with the SAPS saying that they had been engaging in official business."

The DA contended that there was thus already "a clearly established pattern of intimidation" of anybody who has been involved in finding or exposing wrongdoing on the part of the SAPS.

"It is too coincidental that these allegations against the public protector are now surfacing."

The DA added that it was fundamental to SA's democracy that Chapter 9 Institutions be permitted to exercise their powers and functions "without fear, favour or prejudice".

"Advocate Madonsela has shown herself to be fulfilling that mandate in exemplary fashion to date. If there is no substance to the reported SAPS allegations that she has infringed the law [the Public Protector has denied any wrongdoing], and if it is true that they are investigating her and are on the verge of an arrest, this conduct amounts to a continuation of the campaign of intimidation of the Public Protector, by the SAPS in particular, and may well contravene section 181(4) of the Constitution, as well as section 11(1) of the Public Protector Act, 23 of 1994, which makes it an offence to interfere with the functioning of this institution."

The party said that urgent answers were needed from the minister of police on these issues.

Comments

gizzy - 2011-07-06 18:07

These bullies learned well from their Soviet education!!!! Where to from here?

jbjoe - 2011-07-06 18:48

who/what stopped the soviets in the end.?

jbjoe - 2011-07-06 18:51

-they invented vodka!

Mad Dog - 2011-07-06 18:14

And the "President" remains silent!

jbjoe - 2011-07-06 18:49

its not his fault!...its hard to hear the news on the tv while your busy showering!

Kevin - 2011-07-06 20:21

Hello President. Are you out there . Do you condone this? Are you in the shower?You must ensure that the corrupt go to jail. Oops, that might be a tough one.

Mad Dog - 2011-07-06 18:17

I work with ex-Soviet Union men. They do NOT want to go back to that. The anc should know better, but obviously do not.
Vote DA for a (much) better South Africa!

chewthefat - 2011-07-06 18:20

Come on Madonsela, make sure that second report is "leaked". It may cost you in the short term at the hands of the SAPS but we will back you all the way. If Cele is abusing his power in this case then he has to step down. Finish and klaar.

Mundu - 2011-07-06 18:21

Who will arrest Cele? and the biggest crook of them all...Zuma.

Cire - 2011-07-06 18:24

SA gets more scary day by day! Aussie looks better day by day!

Greybeard - 2011-07-06 19:19

"For EVIL to flourish, it is only necessary that good men to do nothing!"
Don't bleat, get off your couch and make a positive contribution.

John Wilderness - 2011-07-07 02:26

Greybeard you so right. Don't come to australia if you want to escape from what you perceive to be a "scary" SA because you may be shocked at what you find here. Rather come to australia because you love the country, its people, culture, way of life wharts and all.

We are getting there. The ANC run institutions like the police is like an infant still testing the boundaries to see what they can get away with. In Zim the Public Protector would have been arrested and then she simply would have disappeared from the face of the earth overnight.

maseratifitt - 2011-07-06 18:26

Thuli Madonsela is the kind of person our country needs, to build national pride. Up front, transparent, honest and working to protect US.
Everything possible should be done to support and protect her.
This country is basically split in two: The government on the one side, and the populace on the other. (You and me).

Babba x - 2011-07-06 18:33

Go DA, get behind her and protect her!! She deserves it for exposing the ANC cronyism

jbjoe - 2011-07-06 19:48

yea, go DA!...but just dont get too close behind her; she might take it the wrong way

Meanleader - 2011-07-07 09:50

Maybe she turns to the DA after all this corruption ...she would most certainly be an asset to the DA cause ...and good for SA ....

106SA - 2011-07-06 18:33

Banana republic!!!!!!!!!!!!!!!!!!!!!!!!

sello Kobe - 2011-07-07 06:27

It doesn't help to call this beautiful country by names, my question to you is what are you doing to make it a better country i.e unless if you are also planning to migrate?

TamaraSays - 2011-07-07 06:56

Sello, all the talk of patriotism is wonderful, but the ANC government is making it very clear that anyone who opposes them, or is PERCEIVED to oppose them, is directly in the firing line.
The way I see it, they WANT everyone who doesn't agree with their thuggery to leave, and then they will do exactly what they please.
The sad thing is, if that does happen, the only people who will really suffer are the poor, and ANC supporters.

sello Kobe - 2011-07-07 10:47

@ Tamara I agree with you fully but my point is we can join forces (blacks & whites)and fight against these corruption, maldaministration by the government. If we stand back and watch the situation can only get worse.

Cobus Burgers - 2011-07-06 18:42

I cannot believe what short memories those who posted have on this article. This is NOT Soviet style bla bla nonsense. This is so similar to the intimidation tactics that most of us had to endure during the Apartheid years. This is a clear indication that this mentality still persists within the police force.

Greybeard - 2011-07-06 19:13

As a press freelancer in the 80's, I was a recipient of similar attention as were most of my colleagues, local and international.
Several ethical questions have been raised by other commentators around the investigations and leaks.
1. Does the action of exposure, premature or otherwise, compromise the investigation? (please bear in mind the Zuma case)
2. "Death squads" are a reality in SA. Does the editor of any publication have the right to release information which will directly or indirectly compromise the safety of any individual, public servant or otherwise?
3. Are our journalists of a sufficiently high moral and intellectual standard to report any occurrance in an unbiased, factual and fair manner?
Having said that, I must implore all democratically minded SA'ns to support the "Right to know" campaign and stop POIB dead in it's tracks.
The proposed legislation is fatally flawed, re-hashing it it any form will be utterly detrimental to SA as a whole, and cause further damage to our already shaky international image.

John Wilderness - 2011-07-07 02:29

Preach Cobus !! You are so right. SA had this corruption nonsense decades ago and it is still suffering with it. By time it rids it self of it once and for all. Maybe a probe into apartheid looting and the armsdeal will go a long way towards this.

Meanleader - 2011-07-07 09:55

@greybeard ..you journalists were investigated for being dishonest and corrupt ... as is the case today with investigations .... YOU GET F ALL SYMPATHY from me . You journalists are the blight of society ...I can't believe you would have the gall to advertise your occupation here . Go use your devisive and ambiguous tallents somewhere else !FSBag